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employees with respect to all work in the ICI Sector,
whether a member or not. This means that where the con-
tractor is bound to the OPC in the Board Area where the
work is performed, employer contributions, in accordance
with OPC/MIECO agreement, will be made to MIECO. Where
the contractor is bound to the BACU in the Board Area
where the work is performed, employer contributions, in
accordance with the BACU-OBBC agreement, will be made
to OBBC.
The provisions of Article 1 (d) are subject to the provisions
of Appendix H Letter of Understanding.
(e) Without restricting in any way the application of the sub-
contracting provision contained in Article 1 (d) of this
Agreement, an Employer who undertakes a contract with an
owner to provide construction management services shall
be subject to Article 1 (d) unless:
(i) The owner selects contractor(s) not bound to this
Agreement to bid on work covered by this Agreement
and solely and directly solicits or obtains bid(s) for
such work from such contractor(s) without any
involvement or participation by the employer in the
selection of such contractor(s) (except as to the valid-
ity of the bids) or the solicitation or obtaining of any
bid(s) from any contractor(s) regardless of whether it
(they) is (are) bound or otherwise to this Agreement;
(ii) The owner accepts bid(s) from contractor(s) not bound
to this Agreement; and,
(iii) The owner contracts or subcontracts directly with
contractor(s) not bound to this Agreement without
contractual obligation of the Employer for the work of
such contractor(s), other than for the negligent acts or
omissions of the Employer.
(f) Any failure to comply with Article 1 (e) of this Agreement
shall render the Employer liable for damages equivalent to
Article 1
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